PUERTO RICO TRAFFIC SAFETY COMMISSIONLocal Government

The Commission will comply with Federal Funding Accountability and Transparency Act reporting requirements for all first-tier sub-awards (sub-grants and subcontracts). Procedures delineating the threshold, responsibilities in data collection and reporting were implemented. Management expects to be in full compliance for the next fiscal year Single Audit.

The Commission will comply with Federal Funding Accountability and Transparency Act reporting requirements for all first-tier sub-awards (sub-grants and subcontracts). A procedure will be established delineating the threshold, responsibilities in data collection and reporting.

Finding Reference: 2022-001 Compliance Requirement: Reporting Federal Program: US Department of Transportation Highway Safety Cluster ? Assistance Listing #20.600 & 20.616 Minimum Penalties for Repeated Offenders for Driving While Intoxicated ? Assistance Listing #20.608 Type of Finding: Significant Deficiency (SD) and Instance of Noncompliance (NC) This Finding is similar to prior year Finding 2021-001 Statement of Condition: During our test over the FFATA reporting, we selected 13 first-tier subawards subject to reporting under the Transparency Act. We were unable to identify if the information regarding the subawards has been properly input into the system (FSRS). Criteria: Aspects of the Federal Funding Accountability and Transparency Act (Pub. L.109-282) (Transparency Act), as amended by Section 6202(a) of the Governmental Funding Transparency Act of 2008 (Pub. L. No. 111-252), that relate to sub-award reporting (1) under grants and cooperative agreements were implemented in OMB in 2 CFR part 170 and (2) under contracts, by the regulatory agencies responsible for Federal Acquisition Regulation (FAR) at 5 FR 39414 et seq., July 8, 2010. The requirements pertain to recipients (i.e., direct recipients) of grants or cooperative agreements who make first-tier sub-awards and contractors (i.e., prime contractors) that award first-tier subcontracts. There are limited exceptions as specified in 2 CFR part 170 and FAR. The guidance at 2 CFR part 170 currently applies only to federal financial assistance awards in the form of grants and cooperative agreements (e.g., it does not apply to loans made by a federal agency to a recipient), however, the sub-award reporting requirement applies to all types of first-tier sub-awards under a grant or cooperative agreement. As provided in 2 CFR part 170 and FAR Subpart 4.14, respectively, federal agencies are required to include the award term specified in Appendix A to 2 CFR part 170 or the contract clause in FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, as applicable, in awards subject to the Transparency Act. This Appendix established requirements for recipients to report information about first-tier sub-awards and executive compensation. In this sub-part is stated the applicability, where, when and what to report. Cause of Condition: During fiscal year ended June 30, 2022, the Commission registered into the FSRS and initiated the process to enter several of the subawards subject to the FFATA reporting for this year. However, it was difficult for the management to search for records previously reported in the System. In addition, procedures have not yet been designed and established to assure that the Commission complies with the special reporting requirement applicable to the programs. Effect of Condition: The Commission is not in compliance with the 2 CFR, part 170. Recommendation: We recommend that the Commission design, develop and implement procedures regarding to sub-award reporting, in order to assure that all the sub-awards data required by the programs, be reported to the federal agencies as stated in regulation. Technical assistance may be requested in order to achieve this goal. Questioned Cost: None View of Responsible Officials and Planned Corrective Actions: The Commission will comply with Federal Funding Accountability and Transparency Act reporting requirements for all first-tier sub-awards (sub-grants and subcontracts). A procedure will be established delineating the threshold, responsibilities in data collection and reporting.

Finding Reference: 2021-001 Compliance Requirement: Reporting Federal Program: US Department of Transportation Highway Safety Cluster ? Assistance Listing #20.600 & 20.616 Alcohol Open Container Requirements ? Assistance Listing #20.607 Type of Finding: Significant Deficiency (SD) and Instance of Noncompliance (NC) Statement of Condition: During our test over the reports submitted to the grantor agency, we found that the Commission did not submit the required information regarding the Federal Funding Accountability and Transparency Act. Criteria: Aspects of the Federal Funding Accountability and Transparency Act (Pub. L.109-282) (Transparency Act), as amended by Section 6202(a) of the Governmental Funding Transparency Act of 2008 (Pub. L. No. 111-252), that relate to sub-award reporting (1) under grants and cooperative agreements were implemented in OMB in 2 CFR part 170 and (2) under contracts, by the regulatory agencies responsible for Federal Acquisition Regulation (FAR) at 5 FR 39414 et seq., July 8, 2010. The requirements pertain to recipients (i.e., direct recipients) of grants or cooperative agreements who make first-tier sub-awards and contractors (i.e., prime contractors) that award first-tier subcontracts. There are limited exceptions as specified in 2 CFR part 170 and FAR. The guidance at 2 CFR part 170 currently applies only to federal financial assistance awards in the form of grants and cooperative agreements (e.g., it does not apply to loans made by a federal agency to a recipient), however, the sub-award reporting requirement applies to all types of first-tier sub-awards under a grant or cooperative agreement. As provided in 2 CFR part 170 and FAR Subpart 4.14, respectively, federal agencies are required to include the award term specified in Appendix A to 2 CFR part 170 or the contract clause in FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, as applicable, in awards subject to the Transparency Act. This Appendix established requirements for recipients to report information about first-tier sub-awards and executive compensation. In this sub-part is stated the applicability, where, when and what to report. Cause of Condition: There were no procedures established to assure that the Commission complies with the special reporting requirement applicable to the programs. Effect of Condition: The Commission is not in compliance with the 2 CFR, part 170. Recommendation: Grant and cooperative agreement recipients and contractors are required to register in the Federal Funding Accountability and Transparency Act Sub-award Reporting System (FSRS) and report sub-award data through FSRS. To do so, the Commission will first be required to register in the System for Award Management (SAM), if not previously done for another purposes. We recommend that the Commission design, develop and implement procedures regarding to sub-award reporting, in order to assure that all the sub-awards data required by the programs, be reported to the federal agencies as stated in regulation. Questioned Cost: None Management Response: The Commission will comply with Federal Funding Accountability and Transparency Act reporting requirements for all first-tier sub-awards (sub-grants and subcontracts). A procedure will be established delineating the threshold, responsibilities in data collection and reporting.